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Lesbian restaurant owner appeals for help in dispute

Hank’s Oyster Bar forced to close part of patio during Pride

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Jamie Leeds (Washington Blade file photo by Michael Key)

The lesbian owner of a popular seafood restaurant along the 17th Street business district near Dupont Circle is asking the community to support the repeal of a city law that she says allowed six people to force her to reduce her outdoor seating capacity from 40 to 20 customers.

Jamie Leeds, the chef and owner of Hank’s Oyster Bar at 1624 Q Street, N.W., issued a statement over the weekend informing customers and supporters that inspectors with the city’s Alcoholic Beverage Control Board ordered her on Friday night, June 8, to close half of the restaurant’s patio space.

Leeds said that the order came the day before the annual Capital Pride Parade was to travel past her patio, limiting the number of patrons who wanted to dine on the patio while watching the parade.

“This action shutting down half of our outdoor patio on the night before the annual parade was the result of one of the license protestants phoning in a complaint to the city, and occurs before we have even had a hearing before the ABC Board,” Leeds said in an open letter to the community.

“The ongoing harassment by this small band of residents is astonishing and the timing of this individual’s complaint before the annual celebration is despicable,” she wrote in her letter.

Leeds’ call for the repeal of the law that allows as few as five citizens to contest liquor license applications comes at a time when gay and straight nightlife advocates have urged gay D.C. Council member Jim Graham (D-Ward 1) to consider introducing legislation to ease what the advocates say are overly burdensome regulations pertaining to such businesses. Graham chairs the Council committee that oversees the city’s liquor laws and the agency that enforces them.

Michael Hibey, the attorney representing the six residents opposing Hank’s Oyster Bar’s use of the expanded outdoor seating, declined to comment. David J. Mallof, one of the six nearby residents who has taken a lead role in opposing Hank’s expansion of its outdoor seating, also declined to comment.

The Blade couldn’t immediately reach the other five residents opposing the termination of the voluntary agreement. They are: Alexis Rieffel, Ralph N. Johnson, Susan Meehan, Michael Fasano and Patricia E. Steele.

Fred Moosally, director of the city’s Alcoholic Beverage Regulation Administration, which oversees the ABC Board, confirmed on Monday that the inspectors responded to a complaint by a representative of the six residents opposed to the restaurant’s expansion.

But Moosally told the Blade that the call for restricting the patio’s use was in response to a May 17 D.C. Court of Appeals decision ordering the city to reinstate a document known as a voluntary agreement between Leeds and the six residents. The agreement bars Hank’s from expanding its patio or any part of the restaurant beyond the space it occupied at the time it opened in 2005.

At Leeds’ request and following an earlier hearing, the board terminated the voluntary agreement in 2010, allowing her to expand into outdoor and indoor space in an adjacent building that became vacant that year.

The six residents appealed the board’s action to the Court of Appeals. The court voided the board’s order terminating the voluntary agreement and remanded the case back to the board. It instructed the board to consider two issues the court said the board was legally required to consider but failed to do so at the time it terminated the voluntary agreement.

Moosally said ABC Board inspectors informed Leeds on June 2 during a visit to the restaurant of the court ruling and its effect of reinstating her voluntary agreement. Although he didn’t say so directly, he implied that Hank’s knew more than a week before the Pride parade that it couldn’t use the full space of the patio at the time of the June 9 parade.

Andrew Kline, a licensing counsel representing Leeds before the ABC Board, disputes Moosally’s assessment, saying he believes the board had to take “another step” of rescinding its 2010 order terminating the voluntary agreement before it could require Hank’s to give up use of the full patio.

Kline said the court decision didn’t prevent the board from allowing Hank’s to continue to use its full patio while the board deliberates over its decision, as mandated by the court, to make a determination on whether the voluntary agreement should once again be terminated.

The board scheduled a hearing on Wednesday, June 13, to address issues that the appeals court said must be resolved before the board can make a final decision on whether to retain or terminate the voluntary agreement.

The court decision was the latest development in a seven-year dispute between Hank’s Oyster Bar and the handful of nearby residents, who have contested the restaurant’s liquor license in an effort to obtain restrictions through the voluntary agreement.

Leeds says in her letter that she was pressured into signing the voluntary agreement in 2005, the year she opened the restaurant, as a condition to end a formal protest of the license by the six residents. She said the license protest could have dragged on for months, delaying her ability to obtain a liquor license and jeopardizing her ability to open her new business.

Most observers following the dispute, including LGBT activists, believe Hank’s opponents are motivated by an aversion to an “overconcentration” of liquor serving establishments on 17th Street, which the opponents say have the potential for causing neighborhood disturbances. Most observers don’t think the opponents of Hank’s expansion are motivated by anti-gay sentiment.

Hank's Oyster Bar (Washington Blade file photo by Michael Key)

But many LGBT activists have teamed up with nightlife advocates in calling on the City Council to repeal the law that gives as few as five residents legal standing to challenge a liquor license and push for restrictions similar to those in the voluntary agreement signed by Hank’s.

They point out that Hank’s has never caused any problems in the neighborhood, either before or after it expanded its operations into the adjacent space in 2011.

Although the ABC Board makes the final decision on approving a voluntary agreement or approving restrictions on the operation of bars and restaurants, business owners have said a protest by a “gang of five,” as the business owners have called the protesting residents, can hold up a license for months. They say the delays result in high monetary costs for legal fees and the cost of renting spaces that can’t generate revenue until the license is approved.

One proposal offered by nightlife advocates is to eliminate the existing provision of the liquor law that gives five or more citizens authority to contest liquor licenses and restrict that authority to the elected Advisory Neighborhood Commissions. ANC’s currently have that authority.

“If you agree that allowing a small number of individuals to dictate what happens in our community is wrong, please contact ABRA; Ward 2 Council member Jack Evans; Council member Jim Graham, chair of the committee that oversees ABC [Board issues]; and Mayor Vincent Gray,” Leeds said in her open letter. “The right of a group of 5 residents to hold up a license application should be eliminated from the law.”

Leeds’ letter came two days after Mayor Gray told a joint Capital Pride-Washington Blade town hall meeting that he was concerned over the ability of just five people to block licensing applications for businesses such as restaurants.

“I don’t think a small handful of people should be given the opportunity to unreasonably hold up action on something that a preponderance of the people want to move forward on,” Gray said.

“I have always believed that most so-called ‘voluntary agreements’ are actually ‘coerced’ agreements,’” said gay activist Peter Rosenstein, who lives about two blocks from Hank’s.

“[T]his case should convince the City Council and the mayor to change the law,” Rosenstein said. “We live in a democracy and allowing a complaint by five people to determine what is seating capacity for a restaurant is clearly not democracy.”

Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance and a resident of 17th Street near Hank’s Oyster Bar, characterized as “outrageous” the action by the six residents to restrict Hank’s patio usage.

“It is absurd and harmful, and D.C. Council members and Mayor Gray need to hear from people who appreciate that the neighborhood and the city are not served by allowing small, unrepresentative groups to hold everyone else hostage to their cramped, entitlement-drenched desire to turn thriving urban neighborhoods into quiet suburbs,” Rosendall said.

One of the court’s requirements is that Leeds makes a “good faith” effort to reach a new voluntary agreement with the six residents, something Leeds doesn’t think is possible.

“[W]e did try to work this out with those opposed to us back when we first sought termination of the VA, but they refused to meet,” she said. “Since the Court of Appeals decision was reached, we offered to address their concerns with a more limited VA, but they insist we cut our outdoor occupancy by 25 percent, even though there have been no complaints.”

The second requirement is to show that the neighborhood has changed since the time the agreement was signed in 2005 that would support terminating the agreement. Kline said one key change that has occurred is the ABC Board repealed part of a longstanding 17th Street moratorium on new liquor licenses that prevented bars and restaurants from laterally expanding to adjacent buildings or properties.

The Dupont Circle Advisory Neighborhood Commission, which supports allowing Hank’s to expand its patio, supported the lifting of the moratorium on lateral expansion.

The president of the Dupont Circle Citizens Association, Doug Rogers, issued a statement on Monday denouncing the ABC Board’s decision to shut down Hank’s expanded patio operation, saying the board should have waited until after its scheduled hearing on June 13.

“What is even more infuriating is that two toxic people in our neighborhood are allowed to shut down part of a legitimate business and force them to spend thousands of dollars in legal fees,” Rogers said in his statement. “Their ability to do this should be eliminated from D.C. law, and I urge Mayor Gray and the D.C. Council to reform D.C.’s archaic regulatory laws.”

 

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District of Columbia

Reenactment of first gay rights picket at White House set for April 17

Event marks 59th anniversary of historic push for gay rights in nation’s capital

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Lilli Vincenz was among the original 1965 White House picketers. (Blade file photo by Michael Key)

D.C.’s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.

In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal government’s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.

The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nation’s capital founded by local gay rights pioneer Frank Kameny.

“The picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,”  the statement says. “For exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,” the statement continues.

“The White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,” according to the statement.

It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washington’s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the “blanket denial” of security clearances for gay people; and an end to the “government refusal to meet with the LGBTQ community.’

Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.

Vincent Slatt, the Rainbow History Project’s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.

“We are just reenacting this historical event and pointing out how far we’ve come,” Slatt told the Washington Blade. “If you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.”

The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.

Among those who will be participating in this week’s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.

It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.

Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.

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District of Columbia

Four LGBTQ candidates running for delegate to Democratic National Convention from D.C.

Thirty-two candidates competing for 13 elected delegate positions in April 20 party caucus

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From left, candidates include John Fanning, Jimmie Williams, Monika Nemeth and David Meadows. (Photos courtesy of the D.C. Democratic Party)

Four LGBTQ Democratic Party activists are running for election as delegates from D.C. to the Democratic National Convention at an April 20 local Democratic Party caucus election in which all D.C. voters who are registered as Democrats will be eligible to vote.

The four LGBTQ candidates are among 32 candidates competing for just 13 elected delegate positions. D.C. will have a total of 51 delegates to the Democratic Convention, but the other 38 include elected officials and party leaders who are considered “automatic” or appointed delegates. The convention will be held in Chicago Aug. 19-23,

Under the delegate selection process put in place by the D.C. Democratic Party, six of the thirteen elected delegate positions will be elected by voters in a section of the city designated as District 1, which includes Wards 1,2, 6, and 8. The other seven elected delegates will be chosen by voters in District 2, which includes Wards 3, 4, 5, and 7.

The LGBTQ candidates include longtime gay Democratic activists David Meadows of Ward 6 and John Fanning of Ward 2 who are running in District 1. Transgender rights advocate and Democratic Party activist Monika Nemeth of Ward 3 and gay Democratic activist Jimmie Williams of Ward 7 are running in District  2.

All four of the LGBTQ candidates have been active members of the Capital Stonewall Democrats, one of D.C.’s largest LGBTQ political organizations. Nemeth and Meadows are past presidents of the organization. Williams has served as chair of the Ward 7 Democratic Committee and is a current member of the committee. Fanning has served as an elected member of the D.C. Democratic State Committee from Ward 2 and served as a delegate to the 2016 Democratic National Convention.

A total of 12 candidates are running in each of the two districts. Under party rules the highest six vote getters in District 1 and the highest 7 vote getters in District 2 will be declared the winners.

The Saturday, April 20 caucus election for the delegate candidates will take place at the Walter E. Washington D.C. Convention Center. An announcement by party officials says two voting sessions will take place, one from 10:00 a.m. to 2:00 p.m. and the other from 4:00 p.m. to 8:00 p.m.

Aside from the elected delegates, two prominent D.C. LGBTQ Democratic leaders will be appointed as delegates to the 2024 Democratic National Convention in their role as members of the Democratic National Committee from D.C.

They are Claire Lucas, a highly acclaimed Democratic Party and LGBTQ rights advocate and party fundraiser; and Earl Fowlkes, one of the lead organizers of D.C.’s annual Black LGBTQ Pride celebration and former president of Capital Stonewall Democrats.

Lucas and Fowlkes and the four LGBTQ candidates running in the April 20 caucus election are committed to backing President Joe Biden as the Democratic nominee for re-election.

Statements from each of the candidates running for delegate in the April 20 caucus election, including the four LGBTQ candidates, can be accessed here: Candidates for Delegate | DC Democratic Party

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HIPS D.C. launches ‘Harm Reduction’ vending machine program

LGBTQ supportive group says program aimed at ‘saving lives’ in response to overdose crisis

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HIPS official Alexandra Bradley, at right, provides information about the HIPS Harm Reduction Vending Machine at Whitman-Walker's Max Robinson Center as University of Maryland Professor Andrea Lopez, who is conducting a study of the vending machine program, stands beside a red syringe disposal bin that accompanies the vending machines. (Washington Blade photo by Lou Chibbaro, Jr.)

HIPS D.C., the LGBTQ supportive organization that provides support and services for drug users and sex workers, officially launched on April 5 a ‘Harm Reduction Vending Machine Pilot Program’ that it says will help save lives by providing free of charge harm reduction supplies for drug users in locations where there is a “higher than average” rate of overdose cases.

The announcement of the project was held outside the Whitman-Walker Health Max Robinson Center building at 1201 Sycamore Dr., S.E., next to where one of the first three HIPS vending machines is located.

Alexandra Bradley, HIPS’ Outreach and Community Engagement Manager, told a small gathering at the announcement event that among the supplies provided free of charge through the vending machines are naloxone, the life-saving nasal spray medication used to treat an opioid drug overdose; fentanyl test kits, syringes, and syringe wound care kits; drug snort kits, condoms, and other items, including  water bottles and snack food such as crackers and granola bars.

Bradley and other officials with HIPS and Whitman-Walker Health said they believe most people, when informed of the rationale behind the vending machines and other programs supporting drug users, will understand that the programs are not encouraging drug use.

“People will use drugs,” Bradley said. “We want them to use them safely,” she added, with the hope that they will seek support to get off drugs. “We can’t help anybody if they are dead. We want to keep people safe,” Bradley said.

A statement released by HIPS says the vending machine pilot program is being funded by a grant from the D.C. Department of Health. It says anyone can access the machines free of charge by contacting HIPS through a phone number posted on the machines – 202-779-0486 – to obtain a four-digit participant code “that they will then punch in to use the machines.” It says that as of April 5, 150 individuals had already registered and enrolled in the program.

Bradley pointed out that registration is not required to obtain naloxone supplies, which can be obtained through a code number posted on the machines. She said each of the three machines are also accompanied by a metal disposal receptacle for safely placing used syringes.

“These machines have been placed in areas where there are higher concentrations of overdose deaths and/or underserved areas with high levels of need for access to services and supplies,” the HIPS statement says.

In addition to the HIPS vending machine at the site of Whitman-Walker’s Max Robinson Center, the second HIPS vending machine is located at The Michelle Obama Southeast Center of Bread for the City at 1700 Marion Barry Avenue, S.E., and the third one is located at Bread for the City’s Shaw neighborhood facility at 1525 7th Street, N.W.

The announcement of the vending machine harm reduction project comes at a time when many in the D.C. LGBTQ community have mourned the loss of beloved local LGBTQ members from a drug overdose, including accidental drug overdoses caused by contamination of their preferred drug such as cocaine with fentanyl.

Also speaking at the announcement event was Andrea Lopez, an Associate Professor at the University of Maryland’s Department of Anthropology, which she said is partnering with HIPS to conduct a  study of the vending machine pilot program and its impact as a public health project and the public health benefits of vending machines as an “intervention” in support of those in need.

Others who spoke at the event and provided details of the vending machine project were Cyndee Clay, the HIPS Executive Director; Starr O’Leary, the HIPS Community Outreach Coordinator;  and Jona Tanguay, an official with Whitman-Walker Health.

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